Understanding Adjustment of Status
What is Adjustment of Status?
Adjustment of status is the process of applying for a green card when you’re already in the United States legally. This process happens by applying directly to U.S. Citizenship and Immigration Services (USCIS) from within the U.S. instead of through consular processing (at an embassy or consulate).
You must be eligible for a green card and be legally present in the U.S. to use adjustment of status. There are some exceptions for the requirement of lawfulness, but generally, you must be in the country holding a current temporary visa or with a legal nonimmigrant status.
If you’re a nonimmigrant visa holder in the United States, your original intention was to return to your country of citizenship, but sometimes plans change. The adjustment of status process exists for that reason. Through this process, you may be able to become a lawful permanent resident in the U.S. without being forced to return to your country of citizenship to apply through consular processing.
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Adjustment of Status Eligibility
Not everyone qualifies for adjustment of status. To use the adjustment of status process to get a green card, you must be eligible for a green card due to one of the following specific situations:
- You are eligible for a family-based green card through a qualifying family member.
- You are eligible for an employment-based green card through sponsorship by a U.S. employer.
- You are eligible to self-petition for an employment-based green card based on your own extraordinary abilities.
- You are eligible to self-petition for an employment-based green card because of a National Interest Waiver.
- You are eligible to self-petition because you are protected under the Violence Against Women Act.
- You are eligible for a green card based on humanitarian grounds.
- You are eligible for a green card because of the diversity lottery.
- You are eligible for a green card because you have another special qualifying nonimmigrant status.
Most applicants should wait at least 90 days after arriving in the U.S. before making any plans to immigrate permanently. Applying within the first 90 days of arriving looks very suspicious to USCIS, even if you just met the love of your life or were offered your dream job. If you are considering seeking a green card while in the country on a nonimmigrant visa, please consult with an experienced immigration attorney.
While USCIS officials realize that plans can change, an immigration attorney experienced in adjustment of status eligibility and rules can help reduce your risks. Immigration officials may suspect you of attempting to manipulate the immigration system by using a temporary visa to get your foot in the door, and that could result in you losing your current visa or worse.
Don't Risk Your Future By Taking On The Process Alone!
How to Apply for an Adjustment of Status
Most people apply for an adjustment of status while on a temporary nonimmigrant visa.
If you are a nonimmigrant visa holder, you won’t simply apply for an adjustment of status though.
Usually, you must go through the process of applying for an immigrant visa through the petition of a sponsoring employer or family member.
Some people are eligible to self-petition for an immigrant visa, but the main take away is that –with limited exceptions- the first step in the adjustment of status process is usually petitioning for an immigrant visa.
Adjustment of Status Without an Immigrant Visa Petition
Victims of human trafficking and other serious crimes sometimes receive special nonimmigrant status. If you are living in the United States with T nonimmigrant status or U nonimmigrant status, you may become eligible to apply for an adjustment of status after three years of continuous physical presence in the United States. Under certain circumstances, you may become eligible earlier if you have T nonimmigrant status.
Similarly, if you have refugee status or asylee status, you may be eligible for an adjustment of status if you have been physically present in the U.S. for at least a year after you were given your special status. Some other special categories also exist that may allow you to apply for an adjustment of status. If you think you may qualify, speak to a knowledgeable immigration attorney.
If you have lived in the United States continuously since before January 1, 1972 and can prove it, you may be eligible for a green card through registry. In this situation, your lawyer will confidentially discuss with you whether you have adequate supporting evidence to submit with your application to adjust status and whether you are eligible.
Adjustment of Status Without an Immigrant Visa Petition
Immigrant visa petitions are subject to very specific rules and extensive scrutiny. No one should attempt to secure an immigrant visa without the guidance of an experienced immigration attorney.
Unless you are eligible for self-petitioning, you will need a U.S. citizen, lawful permanent resident, or U.S. employer willing to file an immigrant visa petition on your behalf. Your sponsor’s responsibility is significant. They must not only file a petition requesting your visa approval, they also must follow through with the process and accept responsibility for you.
If your sponsor is a family member, they must meet eligibility requirements and submit the following to USCIS:
- Form I-130, Petition for an Alien Relative
- Form I-864, Affidavit of Support
- All required supporting documentation and supplemental forms
- The required filing fee
If your sponsor is a U.S. employer, they must prove that there are no qualified U.S. workers for the petition they are offering you.
You must apply for a PERM certificate from the Department of Labor available, and submit the following to USCIS:
- Form I-140, Immigrant Petition for Alien Workers
- All required supporting documentation and supplemental forms
- The required filing fee
The most common immigrant visas used to qualify for adjustment of status are family-based visas. One of the reasons for this is because the United States doesn’t set a cap on the number of family-based immigrant visas it issues each year for immediate family members.
Applying for a Green Card with the Adjustment of Status Form
Once you are eligible for adjustment of status, your attorney can help you file the adjustment of status form. The form used for this is Form I-485, Application to Register Permanent Residence or Adjust Status. This form is filled with USCIS.
In most situations, you will also need to get a medical exam and catch up on any vaccinations. You must show proof of your vaccinations and your medical exam. To do that, you must file Form I-693, Report of Immigration Medical Examination and Vaccination. You can file this form simultaneously with Form I-485 to speed up the process.
Don't Risk Your Future By Taking On The Process Alone!
Adjustment of Status FAQs
Once you are at the point where you can file for adjustment of status, it can take several months for approval.
The factors that determine the total processing time for your eventual green card usually depend on which pathway you use for adjustment of status eligibility rather than the processing time of the adjustment of status form.
Typically, immigration lawyers will file the adjustment of status application alongside the immigrant visa petition to save time.
USCIS offers fee exemptions in some circumstances such as for people in the country on U visas or T visas, Special Immigrant Juveniles, and people who have applied for VAWA Cancellation of Removal protection. USCIS fees can vary as prices change, so the easiest way to determine filing fees is by checking out their online fee schedule.
When budgeting for adjustment of status costs, you should also factor in attorney fees and other incidental charges.
Choosing an Immigration Attorney for an Adjustment of Status
Natalia Darancou Law Firm, PLLC is committed to providing comprehensive and personalized immigration services. Our firm specializes in immigration and deportation defense and has over a decade of experience practicing immigration and nationality law exclusively. Attorney Natalia Darancou is licensed in Texas and New York and represents clients nationwide before USCIS and in immigration courts.
Darancou provides removal defense, family-based immigration services, and humanitarian visa assistance. She’s experienced in all areas of immigration law. If you need help applying for adjustment of status or would like to discuss a more complicated immigration legal matter, contact us today.
